Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to surrender within four weeks and a bail bond of Rs 10,000 with two sureties.
Summary
Shobha Devi applied for anticipatory bail fearing arrest in a case (Maner P.S. Case No. 912 of 2021) involving alleged offences under the Bihar Prohibition and Excise Act, where six litres of country-made liquor were recovered from the back of her joint family house. The prosecution alleged that the liquor was contraband, while the petitioner claimed innocence, stating that the recovery was from a family residence and that even her father‑in‑law was an accused, emphasizing her clean record. The court examined the facts, the nature of the alleged offences, and the petitioner’s claim of no criminal antecedent. It decided to grant anticipatory bail, directing her to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the petitioner is likely to be involved in the alleged contravention of the Excise Act.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied for granting bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 32(iii), 34, 36, 41
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- excise offence
- section 438 CrPC
- section 482 BNSS
- bail conditions
- joint family house
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22940 of 2026
Arising Out of PS. Case No.-912 Year-2021 Thana- MANER District- Patna
======================================================
Shobha Devi Son of Rahul Manjhi R/o Village - Chitnawan Musahari, P.S. -
Maner, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Maner P.S. Case no. 912 of 2021 instituted for
the offence under Sections 30 (a), 30 (c), 32 (iii), 34, 36 and 41
of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that
altogether Six litres of country-made liquor were recovered
from the back side of the house of the petitioner.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
alleged recovery was made from a joint family house and, in the
Patna High Court CR. MISC. No.22940 of 2026(2) dt.08-05-2026
2/2
present case, even the father-in-law of the petitioner has been
made an accused. It is further submitted that the petitioner is a
lady having no criminal antecedent. It is further submitted that
no offence under the Excise Act is made out against the
petitioner.
Learned APP has opposed the prayer for bail of the
petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Maner P.S. Case no. 912 of 2021, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Special Excise Judge, Danapur, Patna
subject to the conditions as laid down under section 438(2) of
the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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